Plaintiff’s firms continue to file variations of state law wiretapping lawsuits over “session replay” software and “live chat” or “chatbot” applications in various jurisdictions.
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Pennsylvania
Pennsylvania Amends Breach Notification Law
On November 3, 2022, Pennsylvania Governor Tom Wolf singed Senate Bill 636 into law, amending Pennsylvania’s breach notification law.
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Wawa Inc. Settles Multi-State AG Breach Investigation for $8 Million
On July 26, 2022, the attorneys general of New Jersey, Pennsylvania, Delaware, Maryland, Virginia, Florida and Washington D.C. announced an $8 million multistate settlement with Wawa Inc. that resolves the states’ investigation into a 2019 data breach that compromised approximately 34 million payment cards used by consumers at Wawa stores and fueling locations. …
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North Carolina Becomes First State to Prohibit Public Entities from Paying Ransoms
On April 5, 2022, North Carolina became the first state in the U.S. to prohibit state agencies and local government entities from paying a ransom following a ransomware attack. …
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Another Court Deems Forensic Investigation Report Not Privileged
On July 22, 2021, a Magistrate Judge in the U.S. District Court for the Middle District of Pennsylvania ordered Rutter’s to produce an investigative report prepared by a security consultant regarding a suspected data breach event, as well as all communications between the party and the company performing the investigation.
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Pennsylvania County Hit with 68 Million Dollar Verdict in Statutory Damages After Violating Privacy Interests
On May 28, 2019, a federal jury returned a verdict awarding 1,000 dollars to each of the 68,000 class members whose criminal history was made publicly available online. This blog entry provides an overview of the case.
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Supreme Court of Pennsylvania Ruling on Common Law Duty to Protect Electronic Employee Data
On November 21, 2018, the Supreme Court of Pennsylvania found that a putative class action against UPMC by current and former employees should not have been dismissed. Employers have common law duty to use reasonable care to safeguard its employees’ sensitive personal information that it stores on Internet-accessible computer systems, and Pennsylvania’s economic loss doctrine did not bar the plaintiffs’ negligence claim.
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